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MIB Uninsured Driver Claims

If you have been involved in an accident with an uninsured driver, you need to consider an uninsured driver claim.

The UK is ranked among the worst countries in Western Europe for uninsured drivers, with over 1 in 20 vehicles being uninsured. Where you are involved in an accident with an uninsured driver you are still entitled to claim compensation.

The Motor Insurers' Bureau is the body responsible for satisfying judgments made against uninsured drivers, provided the terms of the scheme are complied with. The terms are negotiated from time to time with the Government. The current scheme has been heavily criticised for placing unnecessary hurdles and requirements on people seeking to bring a claim.

Any claim is subject to an excess of £300 and a cap of £250,000 for property damage.

The main requirements of the scheme are as follows:

You have to request the other side's insurance details promptly and report them to the police for prosecution if these are not provided within 14 days

You have to use all reasonable endeavours to obtain the name and address of the registered keeper of the vehicle

You have to use the MIB application form, fully completed and giving such information about the proceedings and accompanied by such documents as the MIB may reasonably require

You have to serve on the MIB by fax or registered or recorded delivery. Personal service or service by normal post or e-mail is not accepted

Notice of commencement of legal proceedings has to be served on the MIB within 14 days of commencement, however you also have to inform the MIB of the date of service of proceedings within 7 days of service or 14 days of deemed service;

The MIB has to be served with notice within 7 days of a Defence or amendment to the Claim being filed, the claim being set down for trial or the Claimant receiving notice of the trial date;

You must give the MIB 35 days notice of any intention to apply for judgment.

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Starting an MIB Uninsured Driver Claim

Issuing Court Proceedings

A lot of the provisions are regarded as onerous. Where the MIB is joined as a party to proceedings the Court serves all papers on them, but if the Claimant fails to also serve them, the MIB are entitled to reject the claim. Fortunately the MIB generally seem to take a results based approach. However, even the MIB's own legal representatives sometimes fail to properly understand the requirements of the scheme, never mind a Claimant lawyer.

If you issue proceedings and then fail to comply with their rules, it may be possible to withdraw the claim, re-issue it and then comply. However, this is not guaranteed. In particular, if proceedings were issued just before limitation it is unlikely that this option would be available.

When giving notice of the commencement of legal proceedings you need to serve copies of correspondence with the other side and a copy of your own insurance policy. The MIB will not pay out to an uninsured Claimant.

The MIB are an insurer of last resort. They have an agreement with the insurance industry whereby an insurer of a vehicle will pay out in the event the driver is uninsured (the doctrine of " domestic regulations insurer"). It is then up to them to sue the driver for the money they had to pay out. Despite this insurers often seek to tell Claimant's they have withdrawn cover and will not pay out.

If you were not insured, the MIB will not pay out. However, this does not mean you cannot sue the other driver direct. You should only be doing this if you know what you are doing or you are represented by someone who knows what they are doing. Get it wrong and it could be an expensive mistake.

If you were uninsured and are being claimed against, you are entitled to defend the claim and claim compensation yourself. However, as with other types of claim, it is very important you use a solicitor who knows what they are doing. That’s why we recommend you call us to discuss the matter.

Call us now on 109235 823883 to discuss your MIB claim

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Routh Clarke Solicitors is a practice like no other. Firstly, we listen to your legal problems at a time convenient for you, then we give whatever advice you need, in a language you understand. Read more about what Routh Clarke Solicitors can do for you. Contact us now on 01935 823883.